Terms and Conditions: Bentley Institute Training Services Offering

IMPORTANT-READ CAREFULLY: This agreement ("Agreement") is a legal contract between you (either an individual or a single business entity) and Bentley Systems, Incorporated ("Bentley") for the Bentley Institute training services identified on this website, which may include open enrollment, on site and e-learning training courses and related training services (the "Services").

BY PROCEEDING TO REGISTER FOR ANY BENTLEY INSTITUTE COURSE OFFERINGS OR OTHER BENTLEY INSTITUTE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR OR MAKE USE OF ANY BENTLEY INSTITUTE SERVICES, AND EXIT NOW.

Without prejudice to any other rights, Bentley may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.

Upon Bentley's acceptance of the fee payable by you to Bentley, you will be entitled to receive the Services and Materials as defined herein, and in more detail on an offering-by-offering basis as necessary.

Bentley reserves the right to change any and all aspects of the Services without prior notice to you, including, but not limited to revisions in course titles, course descriptions, course content, instructors, location, dates, and price.

In conjunction with the terms and conditions listed herein, Subscribers to the Enterprise Training Subscription program are subject to the terms and conditions of the Enterprise Training Subscription program as outlined in the Subscriber's SELECT Program agreement and in the Bentley SELECT Enterprise Training Subscriptions Exhibit D. In the event of any inconsistency between the SELECT Program agreement, the Bentley SELECT Enterprise Training Subscriptions Exhibit D and the terms and conditions listed here, the SELECT Program agreement and the Bentley SELECT Enterprise Training Subscriptions Exhibit D shall control with respect to the application of terms and conditions for Enterprise Training Subscribers.

Pricing and Payment Terms

Prices are stated in local currency based on the location of the training activity. For remotely delivered or accessed training activities, the location of the participant may be used to determine the applicable currency and fee.

Prices are subject to change without notice.

Prices do not include expenses on behalf of instructors, training participants, equipment or facilities, except where specifically noted.

As optional payment methods, the Bentley Institute also offers Enterprise Training Subscriptions and Volume Discount Purchases. Details of these programs may be found elsewhere.

Additional payment forms accepted vary by country or region. Please see the section "Special Provisions for Specific Locations," for details about payment forms accepted in your location of interest.

In order to confirm registration, payments must be secured 14 days prior to the training activity start date. For asynchronously delivered training (which includes some forms of eLearning offered by Bentley), payment must be secured prior to initiation of the training activity.

When a Purchase Order is used to pay for training, payment must be received within 30 days net after invoice date.

Bentley reserves the right to refuse admission to registrants whose fees remain unsecured at start of the training.

Registration and Participation

Registrations are accepted on a space available, first come, first served basis. Prior to 28 days before the start of the training activity, limits may apply for Enterprise Training Subscribers and non-subscribers.

By completing a registration, the training candidate is in effect entering a binding agreement, and it is assumed that the training candidate has the necessary authority to commit the funds required for the training activity.

Candidates may register online, via email, telephone or fax. If not using the website, please contact your local Bentley office for assistance.

Registration Acceptance - Upon receipt of a request to register for a training activity, the Bentley Institute will respond to the training candidate with a "registration acknowledgement." This registration acknowledgement is not a guarantee that the training activity will take place, but will confirm that Bentley has received the candidate's request to register. If space is not available, the candidate will receive a notice of the option to have their name placed on a waiting list. Travel arrangements, if necessary, should NOT be made until the official registration confirmation is received (see the next item).

Registration Confirmation - At the time it is confirmed that a training activity will take place, generally no later than 14 days prior to the start date of the activity, a registration confirmation will be sent to the training candidate. Detailed information regarding participation in the training activity will be included. This information may include venue details, a location map, and timing and/or other details as required. Class times may be set locally.

Once a training activity has been initiated for a training candidate, it will be considered delivered in full for that candidate, who will at that point be referred to as a training participant.

Cancellation, Transfer and Substitution

Cancellation by BentleyThe Bentley Institute reserves the right to cancel its training engagements at any time and without prior notice. For any training candidate who has submitted a training registration and received a registration confirmation, the Bentley Institute will make every effort to notify the training candidate of any changes.

Cancellation by training candidateNotice of a training candidate's intent to cancel a registration must be made in writing to the Bentley Institute and is subject to the following terms:

Training candidates whose cancellation request is received in excess of 14 days prior to the start date of the training activity will incur no liabilities.

Training candidates whose cancellation request is received within 8 to 14 days prior to the start date of the training activity will incur an administration fee equal to 50% of the obligated fee.

Training candidates whose cancellation request is received within 7 days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligated fee.

For recorded or asynchronous training activities in which there is effectively no scheduled starting date or time, or limit on the number of attendees, cancellation may be made with no liability at any time prior to the commencement of the activity. Once initiated, the training activity will be considered delivered in full and no partial refunds will be provided.

Transfer to another training activityNotice of a training candidate's intent to transfer to another training activity must be made in writing to the Bentley Institute and is subject to the following terms:

The training candidate will be responsible for any additional fees based on the difference in price between the training activity for which they are registered and the desired new activity, plus the additional administrative fee designated below.

Training candidates whose transfer request is received in excess of 14 days prior to the start date of the training activity will incur no added liabilities in excess of the price differential.

Training candidates whose transfer request is received within 8 to 14 days prior to the start date of the training activity will incur an administration fee of up to 25% of the originally obligated fee.

Training candidates whose transfer request is received within 7 days prior to the start date of the training activity will incur an administration fee of up to 50% of the originally obligated fee.

The option to transfer may only be used once, after which non-attendance will be treated as a cancellation and subject to the cancellation terms and conditions.

SubstitutionIn the event that a training candidate cannot meet the attendance obligation, they may request that another individual be substituted on their behalf. The request must be made in writing to the Bentley prior to the initiation of the training activity. Bentley reserves the right to refuse any substitution request in its reasonable sole discretion.

If the registration confirmation and course-joining instructions have already been sent to the training candidate, it is the responsibility of the training candidate to ensure that the substitute delegate receives the required information.

Miscellaneous

Confidentiality and Privacy - Bentley will treat all information supplied by candidates and participants as confidential and private.

Special Provisions for Specific Types of Offerings

Open EnrollmentNone at this time.

Account-specificCancellation - in addition to the foregoing cancellation provisions, in the event of cancellation on the part of the training candidate, the training candidate will be liable for any non-recoverable expenses incurred by Bentley on behalf of setting up or attempting to deliver the training activity.

The registration confirmation will include information regarding the facility, equipment and set up requirements.

Facilities and equipment to be used for training activities must be deemed suitable by Bentley.

It is the responsibility of the training candidate to provide reasonable security and arrange adequate insurance coverage for all hired facilities or equipment for loss and/or damage during the period of hire.

Live Instructor-led Distance LearningInstructor-led Distance Learning - Distance Learning Classes are delivered using additional distance learning technology. This necessitates an additional step in the registration process because training candidates must configure their system for this learning environment. The registration confirmation will provide additional information about this process.

Recorded on-demand self-studyNone at this time.

Special Provisions for Specific Locations

CanadaAdditional forms of payment accepted include:

Check CreditCard

UKBooking Form - A Bentley Institute Training Activity Booking Form will be sent to a nominated contact prior to the training activity. The Booking Form must be completed, signed and returned to Bentley Systems (UK) Ltd within 7 days of the issue date. Confirmation may be sent by post, fax or e-mail.

United StatesAdditional forms of payment accepted include:

CheckCredit Card

Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, United States.

Proprietary Rights

Copyright. All title and copyrights in and to the courseware and other materials provided in connection with the Services (including, without limitation, any images, photographs, animations, video, audio, music, and text), including all accompanying printed materials, and any copies of the associated Bentley software application (together, the "Materials") are owned by Bentley or its suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Materials like any other copyrighted material, subject to the provisions of this Agreement.

Submissions. Should you decide to transmit to Bentley's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Bentley and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

Disclaimer of Warranty

THE SERVICES AND RELATED MATERIALS ARE PROVIDED "AS IS." BENTLEY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY UTILIZING THE SERVICES AND RELATED MATERIALS. BENTLEY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

ANY LIABILITY OF BENTLEY RESULTING FROM ITS PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR SUPPLY OF MATERIALS WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE FEES BENTLEY RECEIVED FROM YOU IN CONNECTION WITH REGISTRATION FOR THE SERVICES. IN NO EVENT WILL BENTLEY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A BENTLEY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.